In an unexpected turn of events, the Cal/OSHA Standards Board (Board) has approved a new indoor heat illness standard. Director of Employment Policy for California Farm Bureau Federation, Bryan Little said the action has left many questions as to what it means moving forward. Prior to the vote, the California Department of Finance (DOF) withdrew its approval of the Standardized Regulatory Impact Assessment. However, the Board moved forward with adoption.
“The problem with that is that they do not have the necessary regulatory procedure approvals to be able to approve that regulation,” Little explained. “I believe that means that their action is not valid, but nobody knows that for certain right now.”
The withdrawal of approval from DOF prompted an impassioned response from labor advocates and activists present at the meeting. Things took a tumultuous turn as protesters disrupted the meeting to a point that forced a temporary halt and intervention from law enforcement. Despite objections and uncertainties surrounding the legality of the vote, the Board proceeded with its decision. Questions now loom regarding the regulation’s enforcement and potential repercussions.
Several different approaches could be taken moving forward. The indoor heat illness rule could be reintroduced as an emergency regulation. The rule could be reworked to be narrower in scope. However, Little noted that the Board has been opposed to that approach up to this point. Another option would be for the Legislature to take up the issue. While the regulation has passed, its legality is in question, along with what employers are going to need to keep in mind as it relates to enforcement.
“It’s really hard to know what’s going to happen now and which direction the agency is going to go, how long it might take, and exactly what it is they’re going to wind up doing,” said Little. “As of today, I don’t really know what to tell those employers to do because we don’t know what the agency might come up with next.”
Brian German
Ag News Director / AgNet West